Can the court impute income to me or my spouse when calculating support?

Yes — Ontario courts have the authority to impute income to either spouse when calculating spousal support. Imputing income means treating a party as if they earn more than their actual income suggests, when the court believes they are deliberately under-employed, voluntarily unemployed, or hiding income.

Common situations where income is imputed include: working below one's qualifications, refusing available reasonable work, taking a lower-paying role after separation without good reason, or choosing not to utilize income-producing assets. Courts look at what a person could reasonably earn given their education, experience, and the local job market.

Imputing income can work in both directions: a court can impute income to a recipient who is not making reasonable self-sufficiency efforts (reducing how much support they receive), or to a payor who has hidden income or artificially reduced their earnings (increasing what they pay). The burden of proof is on the party alleging the income should be imputed. Solid documentation — employment records, job postings, professional credentials — supports an imputation argument and helps counter one made against you.